Amelia County Virginia USGenWeb Archives Court.....Part 1, Order Book 17 June 1785 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Reiley Kidd http://www.genrecords.net/emailregistry/vols/00025.html#0006226 July 28, 2008, 7:29 pm Source: Court Order Book 17 Written: June 1785 p. 1 At a Court held for Amelia County the 23rd day of June 1785 Present: Edmund Booker, John Booker, Mackenniss Goode and William Finny, Gent. An Indenture between William Crenshaw, Sr., and David Crenshaw of the one part and Samuel Sherwin & Seth Hardaway of the other part was proved by the oaths of Burwell Smith, William Sneed & James Crenshaw, the witnesses thereto and ordered to be recorded. An Indenture of bargain & sale between Solomon Coleman of the one part and John Phipps of the other part was acknowledged by the said Coleman and ordered to be recorded. An Indenture between Ann Murray of the one part and Averet Mead of the other part was proved by the oaths of three witnesses thereto and ordered to be recorded. A Deed of Gift from Elias Wells of the one part and Edmund Wells & Elizabeth Laurence his wife was proved by the oaths of Mathew Wells, Joseph Bevill and Mary Haynes Wells, the witnesses thereto and ordered to be recorded. Edmund Booker, P, against Samuel Morgan, Def.} In Case - By agreement of the parties, this is dismissed on the motion of Joshua Chaffin, Security for Henry Clayton and wife, administrator of Anderson Huges, deceased, who suggested to the Court that he was in danger of his securityship. It is therefore ordered that Henry Clayton and Theodocia his wife be summoned to appear at the next Court to give Court as security. 2a The Last Will & Testament of James Bevill, Jr., deceased was exhibited into Court and proved by the oaths of David Adams, John Neal and James Bevill, the witnesses thereto and ordered to be recorded and on the motion of David Adams, John Neal and Susanna Bevill, the executors therein named who took the oath and entered into an Acknowledged Bond with Daniel Allen and Archer Johnson, their securities as the law directs. Certificate is granted them for obtaining probate of the said estate in due form. Ordered that Daniel Allen, Evan Mitchell, William Hastings and Abraham Coleman or any three of them, being first sworn, do appraise in current the slaves and personal estate of James Bevill, Jr., deceased and return the appraisement to Court. The last will and testament of Thomas Webster, deceased was exhibited into Court and proved by the oaths of William Webster, Edward Webster and Elery Rison, the witnesses thereto and sworn to by James McGlasson, the executor therein named , and ordered to be recorded and on the motion of the executor, certificate is granted him to obtain probate in due form on his giving security which he together with Mackinnis Goode and William Gibbs his securities entered into, acknowledged bond as the law directs for the due and faithful administration of the decedent's estate and performance of the said will. Inventory and appraisment of the estate of Mathias Tucker, deceased was returned into Court and ordered to be recorded. p. 2b Joel Motley, P Against John Chumley, D} In Debt - that this suit be dismissed and that the plaintiff pay unto the defendant his costs. Joel Motley, P against John Chumley & Thos. Cardwell, Ds} In Debt- This suit was ordered to be dismissed and that the plaintiff pay unto the defendants their costs. An indenture between John Baldwin of the one part and Henry Smith of the other part was acknowledged by John & Lucy his wife, and ordered to be recorded, the said Lucy having been first privately examined as the law directs. Jeremiah Stone, P Against Thomas Croner, D} In Debt- By agreement of the parties, this suit is dismissed. Joshua Rucker, P Against Samuel Jones & Milton Ford, Ds} Inn Debt - Charles Worsham comes into Court and undertakes for the defendants that in case they shall be cash in this suit they shall pay and satisfy the condemnation of the Court or render their bodies to prison in execution for the same, or that he the said Charles will do it for them. Whereupon came the parties by their attorneys and the said defendants, saving to themselves all advantages of exception as will to the plaintiff's writ or his declaration prays and has leave to imparte 'till the next Court and then to plead. p. 3a Whereas William Brummer sued out of this Court on a judgment of the said Court an execution against the estate of William Watson for two thousand three hundred and ninety pounds of Inspected crop tobacco on Appomattox or James River above the fork of Appomattox River and one pound fifteen shillings and eleven pence half penny including debt and interest and all costs, By virtue whereof the Sheriff of this county the 26th day of January 1785 seized and took unto his hands sufficient of the estate of the said William Watson to satisfy the same and the said William with Henry Anderson his security having entered into bond to pay the said two thousand three hundred and ninety pounds of inspected tobacco as aforesaid and one pound fifteen shillings and eleven pence half penny with interest thereon within three months. According to law the said Sheriff restored to the said William the estate taken as aforesaid, and the said two thousand three hundred and ninety pounds of inspected tobacco as aforesaid and one pound fifteen shillings and eleven pence half penny and interest not being paid according to law and the condition of the said bond. On the motion of the said William Bummer by his attorney the said William Watson and Henry Anderson having had legal notice of this motion and not appearing though solemnly called, it is considered by the court that the said William Brummer have execution against the said William Watson and Henry Anderson of the said two thousand three hundred and ninety pounds of inspected tobacco as aforesaid and one pound fifteen shillings and eleven pence half penny together with lawful interest thereon from the 26th day of January till paid, and also for his costs by him in this behalf expended. p. 3b Stephen Jones, P Against Samuel Watkins, D} In Case- By consent of the parties, all matters and amounts in difference between them in this cause is submitted to the final determination of Benjamin Bridgforth and Benjamin Edmondson and in case they disagree, then of such other person as they shall choose for umpire, and agree that their award or the award of such umpire thereupon made the judgment of the Court and the same is ordered accordingly. Benjamin Harris, P Against Thomas and Joseph Pollard, D} In Debt- This day came as well the P by his attorney as the Ds in their proper persons and the defendants acknowledge the plaintiff's action. Therefore it is considered by the court that the plaintiff recover against the said defendants five pounds four shillings the debt in the declaration mentioned and his costs by them about this suit in this behalf expended and the said defendants in money... But this judgment is to be discharged by the payment of two pounds twelve shillings current money with lawful interest thereon from the first day of January 1785 to the time of payment and the costs and with consent of the plaintiff, it is ordered that the execution of this judgment be stayed four months. An indenture of bargain and sale between Bollar Hall of the one part and Branch Osborne of the other part was acknowledged by the said Hall and ordered to be recorded, his wife being examined and relinquished her right of dower in the said lands. p. 4 Inventory and Appraisement of the estate of John Ward, deceased returned into Court and ordered to be recorded. On the petition of Sterling Clark Thornton against Henry Cavenist (Cabaness in Index) for two pounds eighteen shillings due by note, of hand the defendant came into Court and acknowledged the same to be just. It is therefore considered by the Court that the Plaintiff recover against the said Defendant the said two pounds eighteen shillings and his costs. On the petition of Josiah Jones & Company against Thomas Simmons for two pounds thirteen shillings and seven pence due by amount the defendant having been duly summoned and served with a copy of the petition and amount and not appearing though solemnly called, and the petitioner having proved his acct., it is considered by the Court that the petitioner recover against the said defendant two pounds thirteen shillings and seven pence and his costs. On the petition of William Walls against Levi Deaton for (blank) due by note, the D having been duly summoned and served with a copy of the petition and not appearing though solemnly called, it is considered that the petitioner recover against the said (blank) and his costs. On the petition of Joseph Jones & Company against Ross Jones for one pound seventeen shillings and nine pence due by acct., and said D acknowledge the same to be just, it is therefore considered that the petitioner recover against the said D the £1.17.9 only. An Indenture between Jacob Seay of the one part and John Wingo of the other part was acknowledged by the said Seay and ordered to be recorded. p. 4b Robert Fitzgerald, P against Richard Allen & Bolle Vaughan, D } In Debt - This day came as well the P by his attorney as the Ds in their own proper persons and acknowledge the P's action, therefore it is considered by the Court that the P recover against the said D £30, the debt in the declaration mentioned, and his costs by them about his suit in that behalf expended, and the said Ds in mercy etc. But the judgment is to be discharged by the payment of 1390 pounds of cropt tobacco of Petersburg inspection with lawful interest thereon from the first day of December 1783 to the time of payment and the costs deducting 890 pounds tobacco paid 1st December 1783 and 240 pounds of tobacco paid 2nd day of December 1783. On the petition of Joseph Jones & Company against Emanuel Weeks for £4.7.10 due by account, and the said D having been duly summoned and served with a copy of the petition and account and not appearing though solemnly called, and the petitioner having proved his account, it is therefore considered by the Court that the P recover against the said D the said £4.7.10 and his costs. Robert Langley, assignee of Sackernall Christwell, P against Rice Newman, serving obligation of William and Rice Newman, Ds} In Debt- This day came as well the P by his attorney as the D in his own proper person and acknowledged the P's action. Therefore it is considered by the Court (cont.) p. 5a (cont.) that the P recover against the said D £20, the debt in the declaration mentioned, and his costs by him about his suit on this behalf expended, and the said D in mercy etc. Bu the judgment is to be discharged by the payment of £10 current money with the lawful interest thereon to be computed at the rate of five per centum per annum from the third Monday in April 1774 to the time of payment, and the costs, deducting £2.19.11 paid the 26th day of May 1774, and with the consent of the P It is ordered that the execution of this judgment be stayed three months. Inventory & appraisement of the estate of John Howell, deceased, was this day returned into Court and ordered to be recorded. Joseph Jones & Co., P against John Featherstone, D} In Case- Ordered that this suit abate, the D being returned no inhabitant of this County. The last will and testament of John Jennings, deceased was exhibited into Court and proved by the oaths of Joseph Jennings, Dickerson Jennings and James Jennings, the witnesses thereto, and sworn to by Joseph Jennings, the executor therein named, and ordered to be recorded. And on the motion of Joseph Jennings, certificate is granted him for obtaining probate in due form on his giving security, which he together with James Jennings his security entered into. An acknowledged bond in the sum of £2000 as the law directs for the due & faithful administration of the decedent's estate and performance of the said will. p. 5b An indenture of bargain and sale between William Cousins of the one part and Francis Eppes of the other part was acknowledged by the said William and ordered to be recorded. John Hughes, P against Henry Clayton & Theodosia Hughes his wife, administrators of Anderson Hughes, deceased, then Theodosia Hughes, since married to Henry Clayton, Ds} In Case- Ordered that this suite abates, the Sheriff having returned the Ds no inhabitant of this County. Ordered that Stephen Jones pay unto George Green 75 pounds Gross Tobacco for five days attendance for him against Samuel Watkins. Ordered that Stephen Jones pay unto John Porter 375 pounds Gross Tobacco for three days attendance and three times traveling 25 miles as witness for him against Samuel Watkins. David Crawley, P against William Finney, D} In Debt- This day came as well the P by his attorney as the D in his own proper person and the said D acknowledged the P's action. Therefore it is considered by the court that the P recover against the D the debt in the declaration mentioned and his costs (cont.) p. 6a (cont.) by him about his suit in that behalf expended, and the said D in mercy, etc. But this judgment is to be discharged by the payment of [blank] with lawful interest thereon to be computed at the rate of five per centum per annum from the [blank] day of [blank] to the time of payment and the costs and with the consent of the P it is ordered that the execution of this judgment be stayed 'till December Court. Moses White being bound by recognizance to appear here to answer the complaint of Thomas Jordan for a breach of the peace, the said Moses White personally appeared in Court in discharge of his recognizance. Whereupon several witnesses were sworn and examined as well in behalf of the Commonwealth as on behalf of the said White, and upon due consideration the Court are of the opinion that the said Moses White be bound to his good behavior for twelve months and that he enter into recognizance for the same with two securities, the said White in the sum of £100, and the two securities each in the sum of £50. Whereupon the said Moses White, with Zachariah Hurt and Francis White his securities came into Court and acknowledge themselves respectively indebted to Patrick Henry, Esq., Governor or Chief Magistrate and to his successors; the said White in the sum of £100 and the said Zach Hurt and Francis White in the sum of £50 each to be levied of their respective goods and chattels, lands & tenements, and to the Commonwealth rendered. Yet upon condition that the said Moses White behave himself for twelve months from this date and in the meantime keep the peace toward all the citizens of this Commonwealth, then the above recognizance to be void, otherwise to remain in full force & virtue. p. 6b Martin Elam and Obediah Phillips bound as before with Richard Cross and James Gun their securities, the said Elam & Phillips in the sum of £100 each and the two securities each in the sum of £50. The last will and testament of Burton Hudson, deceased, was exhibited into Curt and proved by the oaths of George Booker, Judith Booker and John Childers, the witnesses thereto and ordered to be recorded. And on the motion Richardson Booker, the executor therein named who took the oath and entered into and Acknowledge Bond with John C. Cobbs, his security in the sum of £1000 as the law directs, certificate is granted him for obtaining probate in due form of the decedent's estate and performance of the said will. Ordered that Richard Booker, John C. Cobbs, John Chappell and John Boothes or any three of them being first sworn before magistrate do appraise in current money the slaves and personal estate of Burton Hudson, deceased and return the appraisement to the Court. On the motion of William Hudson who took the oath prescribed by law and entered an acknowledged bond with Jacob Roberts and John Chappell his securities in the sum of £1000 as the law directs. Certificate is granted him for obtaining administration in due form of the estate of Samuel Hudson, deceased. Ordered that John Wright pay unto Thomas Pollard 575 crop tobacco for eleven days attendance as witness for him at the suit of William Bibb. p. 7a Ordered that Samuel Vaughan, executor of George Vaughan, deceased, pay unto Moses Craddock 325 pounds of crop tobacco for thirteen days attendance as witness for him against John Norriss, Sr. James Henderson & Company, D against Henry Lewis, D} In Case- This day came as well the P by his attorney as the D in his own proper person, and the said D acknowledge the P's action for [blank]. Therefore it is considered by the Court that the said P recover against the said D the said [blank] and his costs by him in this behalf expended, and the said D in mercy, etc. [blank] Whereas Joseph Motley sued out of this Court on a judgment of the said Court an execution against the estate of John Dalby for 12,506 pounds of crop tobacco and £1.19.2 & three farthings including debt interest and all costs. By virtue whereof the Sheriff of this County the 19th day of February 1785 seized and took into his hands sufficient of the estate of John Dalby to satisfy the same and the said John with Nicholas Vaughan his security having entered into bond to pay the said 12,506 lbs crop tobacco and £1.19.2 ¾ and lawful interest thereon, within three months according to the direction of the Act of Assembly. The said Sheriff restored to the said John Dalby the estate taken as aforesaid and the said 12506 pounds crop tobacco and £1.19.2 ¾ and interest not being paid (cont.) p. 7b (cont.) paid (sic) according to law, and the condition of the said bond. On the motion of the said Joseph Motley by his attorney, the said John Dalby and Nicholas Vaughan, having had legal notice of this motion and not appearing though solemnly called, It is considered by the Court that the said Joseph Motley have execution against the said John and Nicholas of the said 12,506 lbs crop tobacco and £1.19.2 ¾ and lawful interest thereon from the 19th day of February 1785 till payment and also for his costs by him in this behalf expended. Ordered that Richard Booker, John Chappel, John Boothe and William Ford, or any three of them being first sworn before a magistrate do appraise in current money the slaves and personal estate of Samuel Hudson, deceased and return the appraisment to the Court. An Indenture Memorandum between Samuel Greenhill of the one part, and Phillip Greenhill of the other part was proved by the oaths of Richard Eggleston, Stith Hardaway and James Dupuy, Jr., the witnesses thereto and ordered to be recorded. An indenture between Phillip W. Greenhill of the one part and Samuel Greenhill of the other part was proved by the oaths of Richard Eggleston, Stith Hardaway and James Dupuy, Jr., the witnesses thereto, and ordered to be recorded. Ordered that John Whitlock pay unto John Foster, Jr. 145 pounds of Gross Tobacco for one day's attendance as a witness for him and once traveling thirty miles against Jesse Woodard. p. 8a Augustine Beadle, P against Joseph Woodson & James Cook, Ds} In Debt- Thomas Cook comes into Court and undertakes for the Ds that in case they shall be cost in this suit they shall pay and satisfy the condemnation of the Court or render their bodies to prison in execution for the same, or that he the said Thomas will do it for them. Whereupon came the parties by their attorneys and the Ds saving to themselves all advantages of exception as will for the Ds writ as his declaration prays and has leave to imparte till the next Court and then to plead. George Booker, adm. For Marshall Booker, P against Joseph Woodson, D} In Debt- Thomas Cook, the same order as before. Daniel Coleman, assignee of Lodowick Talley, P against Thomas Cardwell & Rice Newman, Ds} In Debt- The same as before, except John Ellington in place of Thomas Cook. Daniel Brown, P against David Crawley, D} In Case- Millington Roach, and same order as before. Mary Ford, P against Daniel Stringer & David Crawley, Ds} In Debt- Millington Roach and the same as above. 8b Charles Featherstone, P against Thomas Short & Andrew Redford, Ps} In Debt- Sterling Clark Thornton for the D Short and John Gooch for the D Redford, and the same as before. Lettice Jones, P against Francis White, D} In Debt- Samuel Morgan for D and the same as before. Paulin (sic) Anderson, P against Archilow (?) Johnson, D} In Debt- William Nowell for D and the same as before. Ordered that John Nunnally be summoned to appear at the next Court to give Counter Security to John Gooche, the administration of Joseph Nunnelly, deceased. Ordered that the Court be adjourned till tomorrow morning 10 o'clock. (signed) Edmund Booker 9a At a Court held for Amelia County on Friday the 24th Day of June, 1785 Present: John Tabb, Edmund Booker, John Booker and Christopher Ford, Gent. Robert Donald, P against Raynard Anderson & Edw. Thompson Tombs, Ds} In Debt- Ordered that this suit abate as to Tombs, the Sheriff having returned him no inhabitant of this county, and the D Anderson not appearing on the motion of P by his attorney, attachment awarded against the said D Anderson's estate for £93.3.6 and costs, returnable to the next Court. John Foster & James Bevill, executors of George Worsham, deceased, Ps against Rice Newman & Peter Ellington, Ds} In Debt- By agreement of the parties this suit is ordered to be dismissed. John Foster & James Bevill, executors of George Worsham, deceased, Ps against Peter Ellington & Rice Newman, Ds} In Debt- This day came as well the P by his attorneys as the D in his own proper person and acknowledges the P's action. Therefore it is considered by the Court that the P recover against the said Ds £31, the debt in the declaration mentioned and their costs by them in their behalf expended and the said Ds in mercy, etc. But this judgment is to be discharged by the payment of £15.10 current money with interest thereon (cont.) 9b (cont.) from the ninth day of March 1785 till payment and the costs, and the P agrees to stay execution till October next. John & William Ellington, executors of John Ellington, deceased, Ps against Peter Ellington & William Bell, Ds} In Debt- The same as before except for £427.9 to be discharged by the payment of £213.14.6 with lawful interest thereon from the 9th day of October next till paid and the costs. Deduct £66.13.3 paid the 8th day of January 1784 and £100 paid the 24th of April 1784. P agrees to stay execution of this judgment till the first day of January next. On the petition of John Foster against John and Isaac Coleman for 25 shillings due by note of hand, the D having been duly summoned and served with a copy of the petition and not appearing though solemnly called, it is considered by the Court that the P recover against the said D the said 25 shillings with lawful interest thereon from the 9th day of August 1784 to the time of payment and his costs by him in this behalf expended. On the petition of John Foster against George Bevill and Burwell Coleman for £4.10.6 due by note of hand, the Ds having been duly summoned and served with a copy of the petition and not appearing though solemnly called, it is considered by the Court that the P recover against the said D the said £4.10.6 with lawful interest thereon from the 9th day of March 1785 to the time of payment and his costs by him in this behalf expended. 10a John Foster, P v. John Farley & Peter Ellington, Ds} In Debt - (ordered that the P recover £56, the debt in the declaration, and his costs; debt discharged by the payment of £28 current money, with lawful interest from the 9th March 1785 to the time of payment, and the P agrees to stay execution of this judgment till October next.) Martin Pearce v. Thomas Drake} In Debt- Millington Roach comes on behalf of D (case deferred until next Court) Inventory and appraisement of the estate of Anderson Hew, deceased was this day returned into Court and ordered to be recorded. 10b William Baldwin, Agent of Macajah Madera, P v. William Ford, Sr., Merch., D} In Debt- Dismissed by agreement of the parties. Robert Rakestraw v. William Maulson} In Debt- Ordered that this suit abates, the Sheriff having returned the D no inhabitant of this County. On the petition of James Jennings against Samuel Morgan, ordered to be dismissed by consent of the parties. John Tabb v. Henry Anderson, admin. Of William Munford, D} On a writ of scire facias- (P awarded £245.8.2 for the debt, and 121 lbs Gross tobacco and 15 pence of 150 lb tobacco for costs, but judgment to be discharged by payment of £67.16.7.3 with interest from 26 March 1771 to the time of payment.) 11a An indenture of bargain & sale between William Barding and Charles Akin was proved by the oaths of Ambrose Jeter, Paulin Anderson and Francis Anderson, witnesses, and ordered to be recorded. Whereas Henry Stratton sued out of this Court on a judgment of the said Court and execution against the estate of John McLochlin for 315 lb tobacco and £1.2.0 ½, including debt and interest and all costs. By virtue whereof the Sheriff of this County the 23rd day of February 1785 seized and took into his hands sufficient of the estate of John McLochlin to satisfy the same, and the said John McLochlin with John Forrest his security having entered into bond to pay the said 315 lb tobacco and £1.2.0 ½, including debt and interest within three months, the Sheriff restored to McLochlin the estate taken ....... The (debt) not being paid according to law and the condition of the said bond, on the motion of the said Henry Stratton by his attorney, the said John McLochlin and John Forrest having had legal notice of this motion and not appearing....Henry Stratton granted execution against McLochlin and Forrest for the amounts above, from the 23rd day of February 1785 till the time of payment, and for his costs. 11b Whereas Thomas Whitworth sued out of this Court on a judgment against the estate of George and Levy Deatons for 1326 lb of inspected crop tobacco and £1.19.2 ½ current money, including debt, interest and costs...Sheriff seized sufficient of the estate of George and Levy to satisfy the same, and the said George and Levy Deatons with Mrs. Anderson their securities having entered into bond to pay the said 1326 lb of inspected crop tobacco and £1.19.2 ½ and interest within three months, the Sheriff restored their estate...debt not paid...Ds not appearing though solemnly called, (Court grants judgment against Ds and Anderson, security for the amount above) together with interest from the 20th February 1785 till paid, and also costs. James Dismont & Co. vs. James Anderson} In Case (suit dismissed and P ordered to pay D his costs.) 12a James Cook v. Charles Craddock} In Debt A certain award being made between the parties was returned in the words following, to wit, June 24 1785, We arbitrators having choose (sic) our umpire do award the debt in the declaration mentioned, & costs. Whereupon it is considered by the court that the P recover from the D £100 specie Virginia money, but to be discharged by the payment of £50 like money with lawful interest from 25 December 1783 till the payment, and also his costs. On the motion of Abner Orsborne against Laurence Wells, Gent. late Sheriff, for the debt and costs levied in execution Orsborne against Bollar Hall, Alexander Bruce, & William Worsham. On hearing the parties, it appears to the Court that the said Laurence Wells, Gent., after levying the execution, tendered to the P the full value in discharge thereof, whereupon the motion is dismissed with costs. Freeman Lewis v. Peter Stainback & Lewelling Williamson} In Trespass, Assault & Battery- This day came the parties by their attorneys and thereupon came also a jury, to wit, James Hall Munford, Mathew Farley, Francis Barnes, John Hundley, William Willson, Abner Osborne, Field Mann, David Williams, Sterling Clark Thornton, Richard Featherstone, John Tonnes, and Solomon Coleman, who being elected, tried and sworn the truth to speak upon the issue, joined upon their oath do say that the D Stainback is guilty in manner and form as the P against him have complained, (cont.) 12b (cont.) and they do assess the P's damages by occasion thereof to £4.10 current money besides his costs. The D Williamson is not guilty as the plaintiff hath complained. Therefore the Court granted the P nothing, ....and the D......recover against the P the costs for his defense. Thomas Jordan v. George Holland} In Case- (suit dismissed, and P ordered to pay the D his costs) Elizabeth Cousins, administrator of Robert Cousins, v. Wm. Haislings & David Williams} In Case - (suit dismissed, and P ordered to pay the D his costs) Thomas Elmore v. Henry Morris} Injunction- The complainant failing to give bond to prosecute his bill, it is ordered that it be dismissed with costs, and the said bill is dissolved. 13a Moses Craddock v. Ambrose Jeter} In Case- This day came the parties by their attorneys, and thereupon came also a jury, to wit, William Crowder, Paulin Anderson, John Beasley, Peter Ellington, Edward Munford, Rice Newman, Richard Ligon, Wiley Ward, William Wood, John Baldwin, William Worsham, and Richard Mayes, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that the D did assume upon himself in manner and form as the P against him have complained and they do assess the P damages by occasion of the D's breach of that assumption to £8.154.1.5 current money besides his costs. George Goosely v. Sterling C. Thornton} In Case- (Jury of Ambrose Jeter, William Crowder, Paulin Anderson, John Beasley, Peter Ellington, Rice Newman, Wiley Ward, William Wood Jr., John Baldwin, William Worsham, Edward Munford and Richard Legon; by consent of the parties, the case was dismissed and the jury discharged.) 13b Ordered that Isham Johnson pay unto Abram Lockett 710 lbs Gross tobacco for 6 days attendance and twice traveling seventy miles and 2/6 for ferriages, as a witness for him at the suit of John Parman. Ordered that Freeman Lewis pay unto Wiley Ward 50 lb of tobacco for two days attendance as a witness for him against Peter Stainback and Lewelling Williamson. Ordered that William Foster pay unto Barkley Elam 150 lb Gross tobacco for two days attendance and once traveling 25 miles as a witness for him at the suit of Foster. Ordered that Charles Craddock pay John Baldwin 250 lb Gross tobacco for 10 days attendance as a witness for him in the suit of James Cook. Ordered that John Whitlock pay unto John Foster, Jr. 25 lb Gross Tobacco for one day's attendance as a witness for him against Jesse Woodard. Ordered that Samuel Davies pay James Dodson 210 lb Gross tobacco for two days' attendance and once traveling 40 miles as a witness for him against James & Thomas Munford. Ordered that Edward Munford, Abram Green, Robert French, and William Willson or any three of them ..... appraise the slaves and current estate of Laurence Wells, deceased and return the appraisement to the Court. 14a William Watts, P against Nathaniel Robertson, D} On a Petition Ordered that this suit be dismissed and that the D Pay unto the P his costs. Sterling Clark Thornton & wife, P against John & Batte Jones, executors of Branch Jones, D} In Chancery On hearing this cause on the petition and exceptions, it is considered by the Court that the former interlocutory order for this cause be set aside and the D prays and has leave to consider the P's bill till the next Court and then to answer, and it is ordered that this cause be set down for rehearing at the next Court. Ordered that this Court be adjourned till the 4th Thursday in next month. Edmund Booker At a court held for Amelia County on Thursday the 28th day of July 1785 Present: John Tabb, Edmund Booker, John Booker, & William Finny, Gent. Ordered that the Church Wardens of Nottoway Parish do bind out Patty (?Polly) Chavis and Alexander Chavis, children of Betty Chavis, according to law. A commission annexed to the deed from Edward Booker to Thomas Branch Willson for the privy examination of Edith Cobb Booker, wife of the said Edward, and a certificate of the execution thereof was returned into Court and ordered to be recorded. 14b Pursuant to law the Court doth recommend Christopher Hudson and Christopher Ford, Gents. To his honor the Governor, Patrick Henry, Esq. as proper persons to execute the office of Sheriff of this county for the ensuing year. On the petition of Richard Booker against Abram Lockett for £2.8. due by account, the D having been duly summoned and not appearing....(P awarded the amount, plus his costs) Present Samuel Sherwin, Gent. An indenture between Shadrick Holt & Judith Holt of the one part and David Ellington of the other part was acknowledged by the said Shadrick & Judith, and ordered to be recorded. An indenture between Medkess Tomson & Judith his wife of the one part and Mathew Wallace of the other part was acknowledged by the said Medkess and ordered to be recorded. An indenture between William Ellington of the one part and William Pillow of the other part was acknowledged by the said Ellington and his wife being first privately examined and relinquished her right of Dower in the said lands, and ordered to be recorded. Henry Anderson & William C. Craddock, Gent. have reviewed and received the two prisons built for this County. 15a Edward Munford, P against Benjamin Clardy, D} On the motion of the D by attorney a commission is awarded him to take the depositions of James and Joseph Clardy, they being infirm and unable to attend this Court; and the said D to give ten days previous notice to the P of taking the depositions according to law. An indenture of bargain and sale between William Ellington and Joseph Noble was acknowledged by William, and ordered to be recorded. An indenture between Salvanus Morris of the one part and Moses Morris of the other part was proved by Zachariah Morris, Larkin Deshazo, & Walker Morris, the witnesses thereto and ordered to be recorded. Peter Stainback, P against Allen Burton, D} Upon a Petition - Ordered that this petition be dismissed. Jane Munford, P against Nathan Fletcher, D} In Case- By agreement of the parties this suit is ordered to be dismissed. 15b Anna Anderson, wife to Henry Anderson, by Pemberton Smith, her next friend, P against Henry Anderson, D} In Chancery - Ordered that this case be dismissed. On the petition of John Noble against John Hughes for £2.10...D acknowledges the same to be just (Petitioner awarded the amount and costs, and agrees to stay execution of same one month.) On the petition of James Jennings against John Hundley for £2.12 due by note of hand, (D failed to appear; Court ruled that the P recover this amount, and his court costs.) On the petition of John Vaughan against Samuel Chappell for £2.8, (D failed to appear; Court awards P the amount, plus court costs.) 16a George Belcher, P against Peter Claybrook, D} In Debt- (P awarded £17, the debt in the declaration, and his costs; but the judgment to be discharged by the payment of £8.10.0 with lawful interest thereon from the 17th day of November 1783 to the time of payment, and costs, and the P agrees to (stay) execution of this judgment three months.) John Vaughan, P against William Green, D} Upon a Petition- Ordered that this petition be dismissed. On the petition of William Walls against Joshua Rucker for £2.7.6 due by account, (D not appearing though called; Court awards the D the amount and his court costs.) Ordered that the Sheriff pay unto Pink Booker £10 for building a bridge over Flatt Creek. 16b On the petition of Walter Bennett against Francis Whitlow for £2.13.4 due by note of hand, (D failed to appear; court rules that the P recover the said amount and his costs, but the judgment to be discharged by payment of £1.6.8 with interest thereon, from the first day of March 1782 till paid, & the costs. Satisfaction acknowledged on the back of the note for 9/4 paid March 1783. On the petition of Walter Mennett against Joshua Atkinson for 300 lb of inspected crop tobacco, due by note, (the D failed to appear; Court awards the P the said tobacco, and his costs.) On the petition of Charles Featherstone, executor of Lewis Featherstone against Elizabeth Pincham, administratrix of Peter Pincham, D for £1.19.6 due by note of hand, (D fails to appear; court rules in favor of P for amount plus costs, and reduces amount to nineteen shillings and nine pence with interest thereon, from the first day of January 1776 till paid, and costs.) 17a Charles Barker, assignee of Atha Thomas, P against Richard Walthall, D} In Debt- Ordered that this suit be dismissed by consent of the parties. Charles Barker, assignee of Atha Thomas, P against Richard Walthalll, D} in Debt - By consent of the parties, this suit is dismissed. The last will and testament of William Walker, deceased was exhibited into Court and proved by the oath of John Anderson, the witness thereto, and ordered to be recorded. Michael Burk, P against Joel Hundley & Jonathan B. Dawson, Ds} In Case- Ordered that this suit be dismissed and that the P pay the D's costs. William Walls, P against Thomas Hobson, executor of Thomas Lorton, D} Upon a Petition - Ordered that this petition abates, the Sheriff having returned the D no inhabitant of this county. Daniel Brown, P against William Dunnivant, D} In Debt- Ordered that this suit abate, (the D not living in the county>) 17b William Cousins, P against Sterling C. Thornton, D} In Debt- (P awarded recovery of the debt, £9.2.2, and costs; D pleads for mercy.... Debt to be discharged by payment of £4.11.5 with lawful interest from 23 June 1785 till paid, and the costs; P agrees to stay execution of this judgment until November court next.) An Inventory and Appraisement of the estate of Thomas Webster, deceased was returned into Court and ordered to be recorded. Moses Jackson, P against Sarah Dunnivant, D} In Case- Ordered that this suit be dismissed and that the P pay unto the D his costs. On the motion of Sarah James, who took the oath and entered into an acknowledged bond with Ambrose Jeter and Makerness Good, her securities in the sum of £200.0.0, Certificate is granted her for obtaining letters of administration of the estate of William James, deceased. 18a Abner Orsborne, P against Tady Ford & Albery Ford, Ds} In Debt- (Court awarded P 2600 lb of tobacco of Petersburg Inspection, the debt in the declaration, and costs; D pleads in mercy, etc. Judgment reduced to 1300 weight of like tobacco, with lawful interest thereon, from 25 December 1784 to the time of payment, and costs; P agrees to stay execution until October next. John Blankenship, P against John Hundley, D} In Case- Ordered that this suit be dismissed, the P not further prosecuting. Ordered that William Crowder, John Chapman, William Wood and John Jones, or any three of them being first sworn before a Justice of the Peace, do appraise in current money the slaves and personal estate of William James and return the appraisement to this Court. 18b Whereas David Motley sued out of this Court on a judgment of the said Court an execution against the estate of Jacob Belcher for 1707 lbs of inspected tobacco at any warehouse above the mouth of the Appomattox River, and £1.18.3, including debt, interest and all costs. By virtue whereof the Sheriff of this county the 20th day of February 1785 seized and took into his hands sufficient of the estate of the said Jacob to satisfy the same and the said Jacob, with Martin Chandler his security having entered into bond to pay the said 1707 lbs of tobacco aforesaid, and the £1.18.3 and lawful interest thereon within three months according to law, and the condition of the said bond, on the motion of the said David by his attorney, the said Jacob and Martin having had legal notice of this motion and not appearing though solemnly called, it is considered by this Court that the said David Motley have execution against the said Jacob Belcher & Martin Chandler of the said (debt), together with interest thereon from the 20th day of February 1785 till the time of payment, and costs. William Fitzgerrald, P against William Hawkins & Robert Winfree, Ps} In Debt- By agreement of the parties, this suit is ordered to be dismissed. 19a William Fitzgerrald, P against John McLochlin & Thomas Woodard, Ds} In Debt- The D John having been arrested and not appearing on the motion of the P by his attorney, it is ordered that unless the said D shall appear here at the next Court and answer the P's action, judgment shall then be given against him for the debt in the declaration mentioned, & costs, and John Hundley who is returned security for his appearance. Ordered that the Sheriff pay unto John Booker £218.6.0 for building two prisons. The Commonwealth, P against Nathaniel & James Robertson, Ds} Ordered that this indictment be dismissed. An indenture with the commission annexed for the privy examination of Francis Blankenship and a certificate of the execution thereof, between Abel Blankenship of the one part and Daniel Worsham of the other part was fully proven by the oaths of three witnesses and ordered to be recorded. And indenture between Bollar Hall & Jane his wife of the one part and John Blankenship of the other part was proved by the oaths of three witnesses thereto and Jane being first privately examined and relinquished her right of dower in the said lands, and ordered to be recorded. 19b Ordered that John Vaughan pay unto Sherwood Vaughan 145 lbs Gross Tobacco for one day's attendance and traveling thirty miles as a witness for him against Samuel Chappell. On the petition of Davis & Harding against John Forrest for £1.12.3 due by account, (D failing to appear....the Court awards to the P the debt and their costs.) Jesse Woodard, P against Joseph Woodard, D} In Debt - (suit dismissed, with D paying P's court costs.) On the petition of Davis & Harding against Drury Hudson for £4.10.9 due by account, (D not appearing, P awarded the debt and costs.) 20a Joshua Thomas, P against Zacha & Absolom Hurt, executors of Moses Hurt, deceased, Ps} In Case- (Commission awarded to the attorney of the P to take the depositions of Robert Chappell and Mathew Thomas, both infirm and unable to attend Court.) Hendric Muir ("Mure" in index) & Co., P against Robert Bolling, D} In Debt- (Ps attorney and George Tucker, attorney for the D, P's action acknowledged. Court awards the P 24,070 of inspected Petersburg tobacco, the debt in the declaration, and their costs; D in mercy, etc.....Judgment reduced to 12,025 lbs of like tobacco with lawful interest thereon, from 19 September 1782 to the time of payment, and costs, and the P agrees to stay execution until January next.) 20b On the petition of Donald Young and Company against Enoch Vaughan for 700 lb of merchantable inspected crop at Petersburg or Blandford Warehouse due by note, the D being returned by the sheriff no inhabitant it is ordered that this petition abates. On the petition of Phillip Whitehead Jackson & Company against Peter Ellington for £5 current (money) due by note, (D not appearing; P awarded the said debt, with interest from 29 April 1785, & their costs.) Joseph & Frederick Warren, executors of Drury Warren, deceased, Ps against Thomas Holt & Mathew Ward, Ds} In Debt- The D Ward being arrested and not appearing on the motion of the P by his attorney, it is ordered that unless the said D shall appear at the next Court and answer the P's action, judgment shall then be given against him for the debt in the declaration mentioned and costs, and it is ordered that this suit abate as to Holt, the sheriff having returned him no inhabitant of this county. 21a Booker Foster, P against James Dupuy, D} In case- The former order of reference in this cause is set aside, and by consent of the parties they submit all matters and accounts in difference between them in this suit to the final determination of William Bell, William Watson, & Joseph Jennings, and in case they disagree, then of such other person as they shall choose for umpire and agree that their award or the ward of such umpire thereupon made the judgment of the Court, and the same is ordered accordingly. On the motion of Christopher Hudson, Sheriff, William Wood, Jr. is appointed his deputy and thereupon took the oaths prescribed by law, and also took the oath of his office. Whereas Millington Roach, guardian of Joel Tucker sued out of this Court an execution against the estate of Solomon Coleman for £37.3.8 current money of Virginia, including debt, interest and all costs, by virtue whereof the Sheriff of this county the 29th day of March 1785 seized and took into his hands sufficient of the estate of the said Solomon to satisfy the same, and the said Solomon with Peter Coleman and Martin Chandler his securities having entered into bond to pay (cont.) 21b (cont.) the said £37.3.8 and lawful interest thereon within 3 months according to law, the said Sheriff restored the said Solomon the estate taken as aforesaid, and the said sum aforesaid not being paid according to law, and the condition of the said bond on the motion of the said Millington by his attorney, the said Solomon, Peter, and Martin having had legal notice of this motion and not appearing though solemnly called, it is considered by the court that the said Millington Roach have execution against the said Solomon, Peter and Martin of the said £37.3.8 together with the interest thereon from 29 March 1785 to the time of payment, and also his costs. An indenture and memorandum thereon endorsed between Joseph Motley and Elizabeth his wife of the one part, and Isaac Motley of the other part was proved by the oaths of three witnesses thereto and ordered to be recorded. Ordered that the Court adjourn till tomorrow 8 o'clock. John Booker 22a At a Court continued and held for Amelia County the 29th day of July 1785 Present: Edmund Booker, John Booker, John Pride, Christopher Ford & Mackerness Goode, Gent. George Holland, P against Jonathan Brooks Davison, D} In Case- Ordered that this suit be dismissed, the P not further proceeding. Younger Hardwick, P against Richard Featherstone, D} In Case- Ordered that this suit be dismissed and that the P pay unto the D his costs. Ordered that Stephen Jones pay unto Samuel Roberts 375 Gross Tobacco for two days attendance and twice traveling forty miles as a witness for him against Samuel Watkins. Settlement and division of the estate of John Hill was returned to the Court and ordered to be recorded. Inventory and appraisement of the estate of Frederick Reams was returned into Court and ordered to be recorded. 22b Isaac Johnson, P against David Crawley, administrator of Benjamin Ward, deceased, D} In Case- (The parties by their attorneys agreed to submit the suit to an arbitration panel of John Tabb and William Cross Craddock, Gents.) James Foster, P against William Bell, D} In Trespass, Assault, & Battery- (suit mutually submitted to a panel of Francis Anderson and Stephen Cocke, Gents.) James Foster, P against William Bell, D} In Case- The same order, with the same referees as before. 23a James Foster, P against Nathaniel Robertson, D} In Trespass, Assault & Battery- The same order and the same referees as before. John Pride and John booker, Bent. Are appointed to meet the Commissioners of Chesterfield County to let the repairing the Bridge over Appomattox at Goode's. Whereas Joel Motley sued out of this Court on a judgment ...against the estate of John McLocklin for 1050 lbs of Petersburg inspected crop tobacco and £1.1.0 including debt, interest and all costs... (Sheriff on 18 April 1785 seized sufficient of the estate of said John to satisfy the debt...then said John with Henry Smith his security entered into bond to pay the debt, and property returned to John, and the debt not paid, and the D not appearing though solemnly called, the court awards to the P the debt, and interest from 18 April 1785, and his costs.) 23b Hezekiah Bevill, administrator of Caleb Perkinson, deceased, P against Thomas Williams & Pascal Greenhill, executors of David Greenhill, deceased, Ds} In Case- (The parties, represented by their attorneys, were in court. A jury consisting of Archer Johnson, Daniel Stringer, Robert Vaughan, William Bell, Sterling C. Thornton, John Beadles, Wm. Howlett, Humphrey Traylor, Francis Jackson, Jas. H. Munford, Nicholas Johnson, and Charles Craddock were sworn in, and ruled in favor of the plaintiff, stating that the D did assume in manner and form as the P declared; they assessed the P's damages of £21.1.8 plus costs, due to the D's breach of that assumption.) Whereupon the D's say that the court ought not to proceed to judgment upon the verdict aforesaid for the following reasons, "that their testator David appointed Thomas Williams, Pascal Greenhill and Joseph Greenhill joint executors of the last will and testament of said David, 24a all of whom qualified as such in this worshipful Court and took upon themselves the joint execution thereof; and that it appears nevertheless by the original copies, declaration and other proceedings in this cause, that the said Thomas Williams and Pascal Greenhill only are named and sued as executors, without including or naming the aforesaid Joseph, wherefore and for this Capital Error and others appearing upon the face of the record, they pray that the proceedings may be quashed and rendered of none effect," and because the Court will advise thereupon, Day (stay?) is given the parties aforesaid here until the next Court. Lucy Jones, P against Ross Jones, D} In Chancery- Ordered that this abates by the P's death. Ordered that the Sheriff pay unto Booker foster £14 out of the deposition for the year 1784 for building Mayo's bridge over Flatt Creek. Ordered that William C. Craddock, Gent. do contract with a workman to make such amendments as he shall direct to the Lawyer's bar and Clerk's table of this Court. 24b James Scott, assignee of Warren Assley, P against Wm. Yates & Wm. Murray, executors of John Murray, deceased, D} In debt- (Ds relinquish their former plea, and agree to the debt; the Court rules for the P for the debt specified in the declaration and his court costs. D in mercy, etc. ...judgment reduced but space for amount to be paid was left blank, as was the date from which interest began.) Ordered Hezekiah Bevill, administrator of Caleb Perkinson pay unto William Cousins 2435 lb Gross Tobacco for thirty-one days attendance and 15 times traveling 27 miles as a witness for him against Greenhills, executors. 25a George Cabiness, P against John Pryor, D} In Debt- (A jury of Archer Johnson, Daniel Stringer, Robert Vaughan, William Bell John Beadles, Will Howlett, Humphrey Traylor, Francis Jackson, James Hall Munford, Nicholas Johnson, Charles Craddock, and Conradus Piles left court to consider the case; upon returning to render a verdict, the P failed to return. The jury was discharged, and the suit set aside, with the P to pay £0.0.5 damages to the D, and his court costs.) Ordered that John Prior pay Sterling C. Thornton 750 lb of Gross Tobacco for 30 days attendance as witness for him at the suit of George Cabiness. 25b Millington Roach & John Hastings, executors of Thomas Bevill, deceased, P against Samuel Pilchford, D} In Case- Ordered that this suit be dismissed. John Smith, P against Dickerson Jennings, D} Upon a Petition- Ordered that this suit be dismissed. John Jackson, P against John Claybrook, D} In Case- (Jury of John Harper, Paulin Anderson, Moses Craddock, Joel Motley, William Ford, James Cook, Richard Featherstone, Charles Featherstone, Francis Barnes, Samuel Roberts, John Baldwin, and Sterling C. Thornton elected and sworn in; ruled for the P, and assessed damages of £10 current money besides his costs....D in mercy, etc.....) 26a Martha Elliott, P against William Foster, D} In Case- (William Craddock comes on behalf of the D, pledging to pay his damages, if they lose; D denies the charges in the declaration [not stated here]; jury consisting of John Harper, Paulin Anderson, Moses Craddock, Joel Motley, William Ford, James Cook, Richard Featherstone, Charles Featherstone, Francis Barnes, Sterling C. Thornton, Conradus Piles & Alexander Roberts elected, and rule for the D Court charges P with D's court costs. P's attorney requests a new trial, but is overruled.) 26b Francis Donaly, P against Edward Jones (son of Aga), D} In Case - Ordered that this suit be dismissed and that the D pay unto the P his costs. Edward Munford, Richard Jones, Nathan Fletcher and Samuel, executors of Thomas B. Munford, who was guardian of Phebe Hudson, orphan of Henry Hudson, P against William Watson, D} In Case- (P recovered against the D £51.2.5 and their costs; D in mercy, etc.....P agrees to stay the execution of this judgment till the first of January next.) The same executors, etc., P against William Watson and James Cook, D} In Debt- (D acknowledges the P's action...(cont.) 27a (cont) Court awards the P 5000 lb Crop tobacco inspected at any warehouse on Appomattox River, the debt in the declaration, and P's costs. D in mercy, etc....judgment reduced to 2500 lb tobacco, with lawful interest thereon from the first day of January 1783 to the time of payment, and costs. P agrees to stay the execution till first of January next. P acknowledges they have received 2403 lb of tobacco, paid the 23rd day of November 1784.) The same executors as before, P against William Watson & Phillip Jones, D} In Debt- (Court rules for P, in the amount of P58.17.10, the debt in the declaration, and their costs. The D in mercy, etc......judgment reduced to £29.8.11 with interest, from 1 February 1784 to the time of payment, plus costs. P agrees to stay the execution of this judgment till the first of January next.) 27b William George, P vs. Joseph Woodson, D} In Debt- Charles Craddock is security for the defendant. Case deferred until next court. Ordered that the Church Wardens of Nottoway Parish do bind out James Riddle, bastard child of Fanny Riddle. Henry Anderson, Gentleman, granted letters of administration for the estate of West Anderson, deceased. Christopher Hudson security, £500. Ordered that William Ford, Richard Ogilby, Thomas Ligon and William Jones, or any three of them, appraise the slaves and personal estate of West Anderson, deceased, and return the appraisment to the Court. 28a Whereas Vivion Brooking, executor of Robert Munford, deceased sued out of this court on a judgment of the said Court an execution against the estate of Booker Foster for 2572 pounds of Petersburg tobacco and £2.3.9, including debt, interest and all costs. By virtue whereof, the sheriff of this county the 22nd day of February 1785 seized sufficient of the estate of said Booker to satisfy the judgment. Booker with Mathew Robertson his security entered into bond to pay the debt within three months, and his property was returned, but the debt was not paid. Execution granted Brooking, with interest from 22 February 1785 until payment, and court costs. 28b Bollar Hall granted certificate for obtaining letters of administration for the will of William Walker, deceased. Richard Jones, Jr. security, bond of £500. Ordered that William Worsham, John Gooch, John Howsen and Alexander Bruce or any three of them appraise the slaves and estate of William Walker, deceased, and return appraisment to court. Alexander Erskine, heir at law having been summoned to appear here by an order of the last Court to show cause why letters of administration should not be granted to Bollar Hall, a creditor of Charles Erskine, deceased, appeared and made no objection to administration being granted to such person as this Court should think proper. It is ordered that Martha Erskine, wife of aforesaid Charles, be summoned to show cause why administration should not be granted to the said Bollar Hall. Whereas Charles Craddock sued on a judgment of the Court against the estate of Joshua Atkinson for £8.14.3, by virtue whereof the sheriff on 24 May 1784 seized sufficient of the estate of said Joshua to satisfy the debt (cont.) 29a (cont.) and Joshua with John Foster his security entered into bond to pay the debt and interest within three months. Joshua's property restored, but debt not paid. Defendants failed to appear though summoned. Execution of the debt granted to Craddock, with interest from 24 May 1784, and costs. Ordered that John Jackson pay unto Mark Jackson 290 pounds of gross tobacco for three days attendance and 3 times traveling eighteen miles as a witness for him against John Claybrook. John Whitlock, P vs. Jesse Woodward, D} In Detinue - This day came the parties by their attorneys, and thereupon came also a jury, to wit, Archer Johnson, Daniel Stringer, Sterling Black Thornton, Humphrey Traylor, Francis Jackson, James Hall Munford, Charles Craddock, William Worsham, Joshua Smithey, Charles Featherstone, Richard Featherstone and Nicholas Johnson....D found not guilty, and plaintiff awarded nothing (cont.) 29b (cont.)and D granted his defense costs from the P Ordered that John Whitlock pay unto John Foster 170 pounds of gross tobacco for two days attendance and once traveling 30 miles as a witness against Jesse Woodward. Ordered that the Church wardens of Raleigh Parish bind out Richard Snelling & Mayes Snelling, bastard children of Ann Snelling, to George Vasser. Whereas Judith Bland sued out of this court on a judgment against the estate of Arthur Leath for 1605 pounds of inspected crop tobacco of Petersburg on the marked price when paid, and £0.39.10 including debt, interest and all costs, by virtue whereof the sheriff on 25 January 1785 seized sufficient property of said Arthur to satisfy the debt. Arthur with Randolph Simmons his security entered into bond to pay the debt within three months, and his property was returned. Debt not paid, and D failed to appear though summoned. 30a Court grants Judith Bland execution against said Arthur Leath for this debt, with interest from 25 January 1785, and also her costs. Ordered that Samuel Davies & Company pay unto James Dodson 210 pounds of gross tobacco for two days attendance and once traveling forty miles as a witness for them against James and Thomas Munford. John Probles and James Probles, P vs. John Macham, D} In Debt- John Hall posts bond for the D Court adjourned for the day. Court reconvened Thursday 25 August, 1785. Present John Booker, John Pride, William Finney and William Cryor, Gent. 30b An indenture between Rice Newman and Elizabeth his wife of the one part and Robert Jones of the other part was acknowledged and recorded. John Booker and John Pride, Gent. are appointed to settle Thomas Branch Willson's accounts, who is guardian to the orphans of Daniel Willson, deceased, and to make report thereof to the Court. The last will and testament of Josiah Grigg, deceased was exhibited and proved by the oath of another witness thereto, executors James Grigg and William executors, with bond by John Vaughan and William Featherstone their security, in the sum of £500. Certificate granted for obtaining probate in due form. William Cross Craddock and Francis Anderson, Gent. are appointed to settle the accounts of John Foster, guardian to the orphans of George Worsham, deceased, and make report to the Court. Samuel Guthrie, P vs. John Knight, D} In Debt- William Snead offers security for the D.... 31a Court rules for P to recover £40, the debt mentioned in the declaration, and his costs. P agrees to stay the execution of this judgment until October Court next. The last will and testament of Peter Thompson, deceased, was exhibited and proved by the oaths of William Walthall, Francis Barnes, and Robert Marshall, three of the witnesses thereto, sworn to by Leviston Thompson, executor, with John Booker and Abraham Hatchett his securities in the sum of £5000. Certificate for obtaining probate granted in due form. Inventory of the estate of Tucker Hood, deceased, was returned and recorded. Freeman Lewelling, P vs. William Dunnivant, D} In Debt- Ruled that the P recover 1100 pounds of Petersburg tobacco, the debt in the declaration, and his costs. D pleads in mercy; P agrees to stay execution of this judgment three months. 31b A commission annexed to the deed from Isham Johnson to Thomas Cardwell for the privy examination of Ann Johnson with the certificate of the execution thereof was this day returned into court and recorded. The last will and testament of Richard Ward, deceased was exhibited, and proved by the oaths of two witnesses (unnamed) thereto, and sworn to by Littleberry Royall, the executor, and was recorded. David Craddock, security in the sum of £500. Certificate granted for obtaining probate. John Pride and William Finney, Gent. are appointed to meet the commissioners of Chesterfield County to let the rebuilding of a bridge over Appomattox River at Goode's. An Indenture and receipt between David Craddock of the one part and Littleberry Royall of the other was acknowledged and recorded. (wife not named) A bill of sale between West Anderson of the one part and Levy Deaton of the other part was proved by the oaths of witnesses, and recorded. Ordered that Uriah Lipscomb, John Green, David Craddock and John Beasley or any three of them appraise the slaves if any and personal estate of Richard Ward, deceased, and return their appraisement to court. 32a Daniel Brown, P vs. William Marshall Booker, D} In Debt- William Worsham offers security for the P Case deferred till the next Court, at request of D Stephen Jones, P vs. Samuel Watkins, D} In Case- Benjamin Bridgforth and Benjamin Edmundson had been named as umpires in this case, by mutual agreement of the parties. They ruled that Samuel Watkins pay 4000 pounds of Petersburg or Blandford inspected tobacco, and his costs. 32b John Beasley, P vs. John Anderson, D} Upon a Petition - William and Francis Fitzgerald, umpires in the dispute between the parties, rule that the D pay to the P 15 gallons of good peach brandy immediately in compensation for his neglect for not working the said Beasley's still (signed by both umpires, and dated 9 August 1785). Court agrees and awards the P the brandy, plus court costs. Ordered that John Beasley pay unto Richard Ligon 100 pounds of gross tobacco for 4 days attendance as a witness for him against John Anderson. 33a Ordered that John Beasley pay unto Leonard Beasley 100 pounds of gross tobacco for four days' attendance for him as a witness against John Anderson. Whereas Frederick Macklin sued out of this Court on a judgment and execution against the estate of Lewelling Williamson for 9465 pounds of net inspected tobacco and 13 shillings, including debt, interest and costs, by virtue whereof the Sheriff on 26 April 1785 seized sufficient of the estate of the said Lewelling to satisfy the same. Lewelling with Rains Cooke his security entered into bond for the debt, to be paid within 3 months, and his property was returned. Now debt remains unpaid. Court grants Macklin execution against P for this debt, together with interest from 26 April 1785 to the time of payment, and his costs. An indenture between Edmund Booker of the one part and Joel Motley of the other was acknowledged, and recorded. 33b John Mitchell, P vs. Samuel Pincham and Charles Winn, D} Trespass, Assault and Battery - Ordered that this suit be dismissed, and that the D pay the plaintiff's costs, except lawyer's fee. Ordered that the Sheriff pay unto Joshua Chaffin L0.48.0 for a chair for the use of the court. An inventory and appraisement of the estate of William Walker, deceased was this day returned into court and recorded. The last will and testament of Samuel Mann, deceased was exhibited and proved by the oath of one of the witnesses (unnamed) thereto, and was ordered to be certified. Field Mann and John Mann, executors, acknowledged bond with Peter Worsham, their security, in the sum of £500. Certificate granted for obtaining probate. Ordered that Cain Mann, John Morgan, Peter Worsham and Simon Morgan appraise the slaves if any and personal estate of Samuel Mann, deceased, and return their appraisement to court. Daniel Mayes, P vs. William Vaughan and Lewis Vaughan, D} In Case- Arbiters returned their opinion, that the suit be dismissed against Lewis Vaughan, and that the P recover from William Vaughan "the just quantity of 3250 pounds of net Petersburg crop tobacco, and interest thereon, and costs (signed 22 August 1785, by William Crass Craddock, John Baldwin, and Matthew Robertson). [cont. next page} 34a [cont.] Court concurred with above opinion. John Hamblin, assignee of Abraham Smith previously sued out of this court an execution against the estate of Joseph Hightower for £103.18.3, and the Sheriff seized sufficient of the estate of Hightower to satisfy the debt; Joseph with Thomas Leveret his security entered into bond to pay the debt within three months, and Joseph's property restored, but the debt is unpaid. Now John Hamblin, assignee of Abram Smith by his attorney sue for recovery. Joseph Hightower and George Hightower, executor of Thomas Leverett, deceased failed to appear though summoned. Court grants execution to Hamblin against the above for the debt, and their costs. 34b A bill of sale between Josiah Griggs, Sr. of the one part and Josiah Grigg of the other part was proved by the oaths of Peter Grigg and William Grigg, the witnesses thereto, and recorded. An indenture between Charles Old of the one part and Benjamin Crawley of the other part was acknowledged by Charles Old, and ordered to be recorded, along with the proxy examination of Martha Old, wife of Charles. John McCan having remained in prison twenty-one days at the suit of John Peoples, and came into Court and rendered a schedule of his estate, and took the oath of an insolvent debtor, and was discharged out of custody. John Nunnally, administrator of Joseph Nunnally personally appeared and relinquished his right to the administration of the said Nunnally's estate to John Gooch. An indenture between Christopher Ford and Lucy his wife of the one part and John Bell of the other part was acknowledged by Ford, and recorded. John Vaughan entered into bond with James Grigg, his security in the sum of £200; certificate granted him for obtaining letters of administration of the estate of Jesse Hall, deceased. Daniel Coleman and Lodwick Talley, P vs. Thomas Cardwill & Rice Newman, D} In Debt- Ordered that the suit be dismissed and that the D pay the P's costs. 35a Ordered that Frederick Leonard, Abraham Ford, Charles H. Featherstone, and Lew Clarke or any three of them appraise the slaves if any and personal estate of Jesse Hall, deceased, and return their appraisement to the Court. Robert Jones, P vs. William Giles, executor of Samuel Jones, D} In Debt- Ordered that this suit be dismissed and that the P pay the D's costs. On a petition of Carter and Trents against Townswell Wilkinson for £4.11.4 due by account, the D was summoned but failed to appear. Court awards the debt and costs to the P Thomas Tanner, assignee of Laban Hawkins, P vs. George Muse and John Jennings, D} In Debt- John Robertson comes into court and offers bond for Jennings. D requests and is granted a delay until the next court. Muse ruled no inhabitant by sheriff. 35b Thomas Turpin, Jr. P vs. John West, D} On a Petition- Ordered that this suit abate, the Sheriff having returned the D no inhabitant. Thomas Turpin, Jr. awarded judgment against Sterling Clark Thornton for £3 due by account, and his costs. Petitioner agrees to stay the execution of this judgment 3 months. William Finney awarded judgment against Daniel Stringer for £3.9.6 due by account, and his costs. James Geddy, P vs. John Hundley, D} In Case- John McLochlin offers security for the D D granted delay until next Court. Benjamin Lawson, P vs. James Hill, D} In Debt- Charles Craddock offers security for the D [cont.] 36a [cont.] P awarded £100, the debt in the declaration, and his costs. D pleads in mercy, and judgment reduced to £50, with interest of 5% per annum, from 17 February 1785 to the time of payment, and costs. On the petition of William Holloway against Benjamin Alfriend for 1000 weight of net crop tobacco of Petersburg or Blandford inspection due by note, Court rules that the petitioner recover from the D the said debt, with interest computed at 5% per annum from 1 November 1783 to the time of payment, and costs. William Holloway, P vs. Benjamin Alfriend, D} In Debt- Peter Stainback offers security for the D D prays for and is granted delay until the next Court. 36b On the petition of William Holloway against Francis White for 500 weight of net inspected crop Petersburg tobacco due by note of hand, court awards the P this debt, plus interest from 9 October 1782 to the time of payment, and his costs. Phillip Dunnivant, P vs. Charles Craddock, D} On a Petition- The same as before, except 277 lbs tobacco, due by assumpsit, and costs. Thomas Cocke, P vs. Thomas Comer, D} On a petition- The same as before, except 600 lbs tobacco, with interest from 9 January 1783, and costs. An indenture between Abraham Lockett, John Lockett, Thomas Lockett, Winifred Lockett, and Joseph Ashbrook of the one part and William Lockett of the other was proved by the oaths of William Ford, Richard Ogilby, and Charles Craddock, witnesses thereto, and recorded. Benjamin Brackett, P vs. Isham Malone, D} On Trespass, Assault and Battery- Ordered that this suit abates, the sheriff having returned the D no inhabitant of this county. 37a Daniel Brown, P vs. William Watson, D} In Debt- Court awards the P £5.17.0, the debt in the declaration, and his costs. D pleads in mercy; P agrees to stay the execution of this judgment four months. Robert Fitzgerald, P vs. Nathaniel Robertson, John Robertson and Pleasant Roberts, D} In Debt- The same as before, except £321, but to be discharged by the payment of £161, with interest from 10 December 1783 to the time of payment, and costs. P agrees to stay execution until 15 December next. P acknowledges receiving £80 on 10 December 1784. Levy Deaton, P vs. John Foster and William Mayes, D} In Debt- Charles Craddock offers security for D Foster (cont.) 37b (cont.) and Foster granted a delay until the next Court. Thomas Cocke, assignee of Thomas Comer, P vs. Elizabeth Pincham, D} In Debt- The same as before, except Samuel Pincham in place of Charles Craddock. Thomas Griffin Peachy, James Henderson, and William Fitzgerald, executors of Thomas Wilkinson, deceased, P vs. Benjamin Ward, D} In Case- The same as before, except William Greenhill in place of Samuel Pincham. Thomas Griffin Peachy, James Henderson, and William Fitzgerald, executors of Thomas Wilkinson, deceased, P vs. John Hundley, D} In Case- The same as before, except John McLocklin in place of William Greenhill. Thomas Hamm, assignee of George Pickett, who was assignee of Shore, McConnico & Ritson, P vs. William Murray, D} In Debt- The same as before except Joshua Chaffin in place of John McLocklin. Matthew Robertson, P vs. Edward and Littleberry Stuarts, D} On an Attachment- The same as before, except Samuel Booker in the place of Joshua Chaffin. William Walthall, P vs. Daniel Mayes and John Mayes, D} In Case- The same as before, except Richard Mayes in the place of Samuel Booker, and the said D also prays a hearing of the writing obligatory in the declaration mentioned. 38a Abner Osborne, P vs. Henry Lewis and Tady Ford, D} In Debt- The same as before except John Lewis in place of Richard Mayes, and John Lewis discharged by the Court, and on the prayer of the P, the D is committed to the custody of the Sheriff, to remain in the common jail of debtors until the debt in question is satisfied. Sarah Holloway, executrix and Christopher McConnico, executor of John Holloway, deceased, P vs. Bolling Hall, D} In Case- Ordered that this suit abate, the D being no inhabitant of this county. Peleg Farguson, P vs. Stephen Clements, D} Upon an attachment obtained by the P against the D's estate for £5.12.0 with interest from 14 January 1774 to the time of payment and costs- The D having privately removed himself or absconded so that the process of law cannot be served upon him: The Sheriff had executed the said attachment in the hands of Jesse Woodward and John Quarles, and summoned them to court. The said D failed to come, though solemnly summoned. Woodward states that he owes the D 18/ and no more; John Quarles says he owes the D 30/. On motion of the P, Court rules that (cont.) 38b (cont.) the P recover the said £5.12.0 with interest from 14 January 1774 to the time of payment, and costs, and further that the P recover from Woodward and Quarles their amounts, toward the settlement of this debt. John Baldwin, Jr., P vs. Edward Stuart, D} Upon an attachment obtained by the P against the D's estate for five barrels of corn, to be settled at 18/ per barrel and his costs, the said D having privately absconded, so that the ordinary process of law cannot be served upon him- As above, except Sheriff served the attachment to John Farley, and summoned him to court. Farley's debt to D was 26/. Court awards judgment to the P, and rules that the P recover the 26/ from Farley, towards satisfying this judgment. Ordered that David Crawley, administrator of Benjamin Ward, deceased, pay unto Lewis Jackson 450 pounds of gross inspected tobacco for two days attendance and twice traveling 51 miles as a witness for him at the suit of Isaac Johnson. Ordered that David Crawley administrator of Benjamin Ward, deceased, pay unto John Oliver the same. Ordered that Samuel Davies & Co. pay unto James Dodson 181 lb gross tobacco for one day's attendance and once traveling 40 miles as a witness for them against Thomas & James Munford. 39a Ordered that Booker Foster pay unto William Beasley 370 lb. of gross tobacco for six day's attendance and one traveling 55 miles as a witness for him against James Dupuy. Ordered that Peter Clarke pay unto James Cole 165 lb. Of gross tobacco for one day's attendance and once traveling 35 miles for him against Peter Jones (___ House). Whereas William Ford sued out of this Court on a judgment of the said court an execution against the estate of Thomas Jones for 5070 pounds of gross James or Appomattox River tobacco, and £1.17.9, including debt, interest and costs, the Sheriff had previously seized sufficient property of said Thomas Jones to satisfy the debt. Thomas entered into bond with Samuel Booker his security to pay the debt, and his property was restored. Now debt not paid. Court grants execution to the P against the said Thomas and Samuel for the debt, and interest from 27 January 1785 to the time of payment, and his costs. (Elsewhere in this entry, the debt is stated as 1070 lb. rather than 5070 lb.) Court adjourned. Minutes signed Christopher Ford 39b At a Court held for Amelia County the 27th day of October, 1785 Present: John Tabb, John Booker, Christopher Ford, William Cross Craddock, and William Finney, Gent. Ordered that the Sheriff summon 24 of the most capable freeholders of this County to appear here at the next Court to serve as a grand jury of inquest for the body of this County. An indenture between Isham Johnson of the one part and Samuel Farrar of the other was acknowledged, and (blank) the wife of said Isham relinquished her right of dower in said lands. Indenture recorded. An indenture between John Jennings of the one part and Littleberry Royall of the other was acknowledged, and (blank) the wife of said John relinquished her right of dower in said lands. Indenture recorded. An indenture between John Jennings of the one part and Rowland Ward of the other part other was acknowledged, and (blank) the wife of said John relinquished her right of dower in said lands. Indenture recorded. An indenture between William Jennings, Senior and Agness his wife, Oliver Jeter and Mary his wife, William Jennings and Catharina his wife of the one part, and Robert Smith of the other part was acknowledged, proved by the oath of another witness, and recorded. An indenture between William Childress of the one part and John Beadle of the other was acknowledged, and (blank) the wife of said William relinquished her right of dower in said lands. Indenture recorded. 40a An indenture between David Adams of the one part and James Southall of the other was acknowledged and recorded. An indenture between Drury Thompson of the one part and Matthew Farley of the other was acknowledged, and (blank) the wife of said Drury relinquished her right of dower in said lands. Indenture recorded. John Foster, guardian of the orphans of George Worsham, deceased, returned an account of the profits of the said orphans' estate; approved and recorded. Abraham Lockett, P vs. William Barding, D} In Debt- Matthew Seay offers security for the D P awarded £6, the debt in the declaration, with interest from 17 November 1784 to the time of payment, and costs. D in mercy pleads; P agrees to stay execution of this judgment till the first day of June next. An indenture between Thomas Short of the one part and John Royall of the other was acknowledged in court, and recorded. 40b A commission annexed to the deed from William Robertson and Elizabeth his wife to John Robertson for the privy examination of the said Elizabeth was returned to Court and recorded. An indenture from Robert Marshall and Thomas Neal, executors of Roger Neal, deceased, of the one part and Branch Tanner of the other part was acknowledged, and recorded. An indenture between William Hudson of the one part and John Chappell of the other was proved by the oaths of Christopher Ford, John Boothe, Jesse Hilsman (?), and Richeson Booker, the witnesses thereto, and recorded. An indenture between Jesse Talley and Mary his wife of the one part and Daniel Coleman of the other was acknowledged and recorded. An inventory of the estate of Peter Thompson, deceased, was returned and recorded. An indenture between Thomas Hightower of the one part and James Moore of the other was proved by the oaths of John Hightower and Joshua Hightower, two of the witnesses thereto, and continued for further proof. An inventory and appraisement of the estate of Judith Dupuy was returned and recorded. The last will and testament of John Pryor, deceased, was exhibited into Court, and proved by the oaths of Richard Dennis and Martha Pryor, two of the witnesses, and sworn to by John Timberlake and Richard Pryor, the executors therein named, and ordered to be recorded. Executors entered into bond with John Royall, their security, for £10,000. Certificate granted for obtaining probate. 41a Ordered that John Royall, William Greenhill, Richard Dennis, and Nathan Fletcher or any three of them appraise the slaves if any and personal estate of John Pryor, deceased, and make their report to the Court. Ashley Johnson entered into bond with Miles Bott, his security, in the sum of £200; certificate granted for obtaining letters of administration for the estate of Gerrod Johnson, deceased. Ordered that Samuel Cobbs, John Gill, William Winston and William Ford, or any three of them appraise the slaves if any and personal estate of Gerrod Johnson, and return their appraisment to the Court. An indenture of gift between Joseph Bevill of the one part and Elizabeth Perkinson of the other was acknowledged, and recorded. The same, except Fanny Powell in place of Elizabeth Perkinson. Susannah Clarke entered into bond with William Clarke, her security, in the sum of £1000; certificate granted her for obtaining letters of administration of the estate of Alexander Clarke, deceased. Ordered that William Yates, Charner Hightower, George Green and William Holloway, or any three of them appraise the slaves and personal estate of Alexander Clarke, deceased, and return their appraisment to Court. 41b Joshua Spain, & Martha his wife, Eppes Spain and Anne his wife, Joshua Epes and Lucy his wife, John Sandifer and Susannah his wife, and Samuel Sandifer in his own right, as also the said Samuel Sandifer is administrator of all the goods and chattels, rights and credits of Sarah Sandifer, deceased, late wife of the said Samuel, P vs. Rice Newman, executor of Richard Newman, deceased, D} In Chancery- Ordered that this suit be dismissed. Clarisa Neal personally appeared before the Court and relinquished her right of dower in the lands conveyed by John Neal her husband to John Morgan; recorded. The same as before, except to Simon Morgan. William Finney and John Ogilby, Gent., are appointed to meet the commissioners of Powhatan to let the building of a bridge over Appomattox River at Jenito, and make their report to the Court. Upon the petition of Samuel Booker, executor of Thomas Mumford, deceased, setting forth that he is bound in this Court as security for Sarah Fowler, her due and faithful administration of the estate of John Clements, deceased, and that he apprehends himself to be in danger of suffering damages by reason of his being security as aforesaid, and the said Sarah Fowler having been duly summoned and not appearing, it is ordered that unless she within one month from this time give the petitioner sufficient security to indemnify him against any damages that may happen to him by means of his being security aforesaid, that the said Sarah Fowler deliver the estate into the hands of the petitioner for his indemnity. Ordered that the Sheriff pay unto Daniel Stringer this county's proportion for building Bevill's bridge. 42a Judith Bland and Richard Bland, executrix and executor of Peter Randolph Bland, deceased, P vs. Littleberry Royall, D} In Breech Covenant- By consent of the parties, P has leave to take the deposition of Rebecca Ferry, the P giving the D 10 days previous notice. Paulin Anderson, P vs. Nicholas Johnson, D} In Debt- Court rules that the P recover the said debt, 2900 lb. of inspected tobacco on James River or Appomattox River, and his costs. D in mercy, etc. Judgment to be discharged by the payment of 1450 lb. of like tobacco, with interest from 18 March 1783 to the time of payment, and the costs. Field Mann, P vs. Cain Mann and Simon Morgan, executors of Frederick Reams, deceased, D} In Debt- The same as before, except 3600 lb. inspected tobacco, judgment discharged by payment of 1800 lb. at Petersburg or on James River, with interest (cont.) 42b (cont.) from 25 December 1783 to the time of payment, and costs. P acknowledges receipt of 202 lb. tobacco 5 April 1785. John Boulton, P vs. David Hawkins, D} On a Petition- Ordered that this suit be dismissed. Whereas Peter Randolph sued out of this Court on a judgment and execution against the estate of Wood Jones and Phillip Jones for 9451 lb. of net inspected crop tobacco and 41 shillings and 9 pence current money, including debt, interest and costs, the Sheriff on the (blank) day of (blank) seized sufficient of the estate of Wood and Phillip to satisfy the debt. Ds with John Rogers their security entered into bond to pay the debt, but debt not paid. P granted execution against Ds and their security for the debt, and their costs. Peleg Farguson, administrator of Charles Williams, deceased, P vs. Francis White and Woodleif Thomas, his security, D Motion on Replevin Bond - The same as before, except 2220 (cont.) 43a (cont.) lb. of crop tobacco of Petersburg and £2.0.6, with interest from 23 June 1785, can costs. Peleg Farguson, administrator of Charles Williams, deceased, P vs. Francis White and Benjamin Alfriend, his security, D} Motion on Replevin Bond- Same as above, except £12.3.2 with interest from 23 June 1785, and costs. Peleg Farguson, administrator of Charles White, deceased, P vs. Francis White and Benjamin Alfriend, his security, D} Motion on Replevin Bond- Same as above, except £8.12.3. Peleg Farguson, administrator of Charles White, deceased, P vs. Francis White and Benjamin Alfriend, his security, D} Motion on Replevin Bond- Same as above, except £5.10.8. 43b Robert Chappell, P vs. Baldwin Pearce and William Finney, his security, D} Motion upon Replevin Bond- Same as before, except 8089 lb. of crop tobacco and £1.18.7, with interest from 23 June 1785. Credit for 3808 lb. tobacco, paid Joshua Chaffin 23 June 1785 by Baldwin Pearce. John Tabb, assignee of John Walke, P vs. John Ogilby, D} In Debt- By agreement of the parties, this suit is dismissed. Charles Anderson produced to this Court his ordination of his being in regular community with the Christian Society of the Baptists, and it appearing that he is an inhabitant of Nottoway Parish, license is granted him to celebrate the rites of matrimony, according to rules and forms of the society to which he belongs, he having taken the oath of allegiance to this Commonwealth, and entered into and acknowledged bond with (blank), his security, in the sum of (blank), as the law directs. Peter Jones, for the Commonwealth, P vs. Benjamin Ward, D} Upon an Information- This day came as well Robert Lawson, the attorney for the Commonwealth, as the said Benjamin by his attorney, and thereupon came also a jury, to wit, Edward Booker, John Robertson, Paulin Anderson, John Chappell, Thomas Elmore, Phillip Williams, Charles Featherstone, Matthew Robertson, William Worsham, William Crowder, James Hall Munford, and John James, (cont.) 44a (cont.) who being elected, tried and sworn the truth to speak upon the issues, joined upon their oath, do say that the said Benjamin is guilty in manner and form as in the Information against him is alleged, whereupon the D says that the Court ought not to proceed to judgment upon the verdict aforesaid for the following reasons: "The D by his attorney says that although the jury impaneled to try the issue joined have brought a verdict against the said D, yet the said verdict ought not to be recorded, nor judgment thereupon given, because the said D says that no indictment, information or charge of any kind whatever has been exhibited upon this trial against the said D by which he might know what was alleged and charged against him, and by which he might be able to defend himself according to the laws of the land and principles of justice. By reason of which viz. that as there is no indictment information or charge whatever against the said D exhibited, so there can be no verdict or judgment." Wherefore the said D by his attorney prays that the case should be set aside, and the jury discharged." And because the Court will advise thereupon, day is given the parties aforesaid here until the next Court. Ordered that the guardians of orphans that did not return their accounts of guardianship to last August Court be summoned to appear at the next Court, to show cause. Pendexter Mosley of Powhatan County, guardian of Anderson Hughes' orphans- the same as before. Samuel Chambers, guardian of his own children- the same as before. No 44b 45 Booker Foster, P vs. James Dupuy, Senior, D} In Case- Outside referees found for the P in the amount of 674 lb. net tobacco, and one horse of the value of £12, or 1200 weight of net crop tobacco, of the D's option, and costs. (signed) William Bell, James Jennings, Sr. Court concurred. An indenture between Abner Osborne of the one part and William Greenhill of the other was acknowledged, and recorded. John Foster, executor of George Worsham, deceased, P vs. David Adams & John Neal, executors and Susanna Bevill, executrix of James Bevill, deceased, D} In Case- By agreement of the parties, all matters and accounts in this suit will be submitted to the final determination of Vivian Brooking and William Cross Craddock, Gent., and in case they disagree, then of such other person as they shall choose for umpire, and agree that their award be made the judgment of this Court. The same is ordered accordingly. Ordered that the Commonwealth of Virginia pay unto John Craddock 770 lb. of gross tobacco (cont.) 46a (cont.) for two days' attendance and twice traveling ninety miles and 2/ for ferriages as a witness against Benjamin Ward. Christopher Hudson, Gent., Sheriff came into Court and objected to the insufficiency of the prison. Pleasant Roberts is appointed to view the prison and contract with some person to make such repairs as he may think proper. Court adjourned. (signed) Christopher Ford Court reconvened Tuesday 28 October 1785. Present Edmund Booker, Christopher Ford, Stephen Cocke, William Cross Craddock, and William Finney, Gent. On the petition of William Ellington against John Hundley for £2.18.6 due by an accepted order, court rules for Ellington, plus his costs. Evans and Hendrick, P vs. James Munford, D} On a Petition- The same as before, except £2.13.3. Samuel Hanway, P vs. Levy Deaton, Executor of Jabe Deaton, D} On a Petition- Ordered that this suit be dismissed. 46b John McLocklin, P vs. Henry Anderson, administrator of William Munford, deceased, and Rhebin Thornton, D} In Case- On the motion of the P by his attorney, Robert Lawson, it is ordered that unless the said D Anderson shall appear here at the next Court, judgment will be given for the P against said D Anderson, for his damages, and costs. Ordered that this suit abate against Thornton, he being returned no inhabitant of this county. Henry Ramsay, assignee of Peter Stainback, P vs. Sterling Clark Thornton, D} In Debt- John Munford offers security for the D Case deferred until next Court. Benjamin Bailey, P vs. Jacob Belcher & David Pearson, D} In Debt- The same as before, except John Tucker in place of John Munford. Samuel Hanway, P vs. Silvanus Morriss, D} On a Petition- Ordered that this petition abate, the D being returned no inhabitant of this county. The same, P vs. Ambrose Compton, D} On a Petition- The same as before. Levy Deaton, P vs. John Cowles, D} On an Attachment- Ordered that this attachment be dismissed. 47a Davis Booker, P vs. William Hudson, D} In Chancery- Ordered that this suit be dismissed, the P not further prosecuting. William Royall, P vs. James Jenkins, D} In (blank) Ordered that this suit be dismissed. On the motion of Priscilla Mitchell, guardian of the orphans of Anderson Mitchell, deceased, it is ordered that John Dalby, executor of the said Anderson do make upon oath his account current of his executorship of the said decedent's estate before Edmund Booker Jr., John Beadle, and Paulin Anderson, to whom it is referred to examine, state and settle the said account, and they are to make a report thereof to the next Court. And that he the said John Dalby deliver up the said decedent's estate to Priscilla Mitchell, guardian as aforesaid. Ordered that the sheriff summon William Lewis to appear at the next Court to show cause why he has not before produced the will of John Lewis, deceased, and proved the same agreeable to law. Christopher Walthall is appointed guardian to William Walthall, Christopher Walthall and Richard Walthall, orphans of Richard Walthall, deceased for the purpose of defending a suit in Chancery brought against them by John Baker and Frances his wife. Rice Newman, P vs. Edward Munford, D} In Case- A commission is awarded the D to take the deposition of Frederick Ford. An Indenture between William Lockett and Martha his wife of the one part and Phillip W. Jackson of the other part was (cont.) 47b (cont.) proved by the oaths of John Pride, Joseph Wilkinson, and Samuel A. Jackson, three witnesses thereto, and recorded. An indenture between John Brock and Sarah his wife, Francis Roberts and Martha his wife of the one part, and Stephen Neal of the other was acknowledged, with both wives relinquishing their rights of dower in the said land, and is recorded. James Foster, P vs. William Bell, D} In Trespass, Assault and Battery, and False Imprisonment- Order Reference and Award returned in this cause is set aside, and the suit is reinstated. The same, P vs. The same, D} In Case- The same order as before. The same, P vs. Nathaniel Robertson, D} In Trespass, Assault and Battery- The same order as before. Charles Bethiso, an infant, and Charles Milles, an infant under the age of 21, by John Bethiso, their next friend, P vs. Thomas and James Westbrook, executors of Charles Westbrook, D} In Chancery- Ordered that William Fitzgerald, Batte Jones, and Abner Osborne divide, lay off and allot to Charles Bethiso and Charles Milles their equal proportions of the lands devised by the last will and testament of Charles Westbrook, deceased, and make report thereof to the Court in order to a final decree. An indenture between Christopher Robertson of the one part and Millinton Roach of the other was acknowledged, Milley Robertson, wife of said Christopher, being first privately (cont.) 48a (cont.) examined, and relinquished her right of dower in the said lands. Recorded. Robert, Delilah and Nancy Talley, P vs. Martha, Rehib and Elizze Talley, infants, by Millinton Roach, their guardian, and Frederick Talley, D} In Chancery- Ordered that Edmund Wills and David Adams be appointed in the room (place) of Col. Sam. Wills and David Crawley to divide the estate of Tucker Talley, deceased, agreeable to his last will and testament. John Foster, P vs. John Baldwin, Sr., D} In Case- Suit dismissed, with D to pay the P's costs. Daniel Teasdale, P vs. William Waters, D} In Debt- Edward Booker offers security for the D The D pleads that the promise in the declaration mentioned, if any such he ever made, is utterly void by virtue of Act of Assembly of this Colony against gaming, the consideration of the said promise being for money won at an unlawful game, etc. William Osborne, Sr., P vs. Richard Yarbrough & Stephen Cocke, D} In Debt- Richard Jones offers security for Cocke. 48b Samuel Hanway, P vs. William Waters, D} In Case- Edward Booker offers security for the D D pleads the Act of Limitation. Cause referred till the next Court. Thomas Cocke, P vs. Thomas Comer, D} In Debt- Daniel Verser offers security for the D William Winston Crenshaw came into Court, who made choice of Ambrus Jeter for his guardian, who entered into bond with David Crenshaw his security in the sum of £1000 as the law directs. Peter Legrand, P vs. William Cocke, D} Upon an Attachment- This day came the P by his attorney, and the Sheriff having returned that he had executed the said attachment in the hands of Stephen Cocke and Richard Cocke and summoned them to Court, the said D was solemnly called but came not to Replevy the attached effects. Whereupon the said Richard Cocke, sworn and examined, says that he has nothing in his hands of the D's. Stephen Cocke states the same. It is ordered that Abram Cocke by summoned to appear at the next Court to give an account of what he is indebted or what effects he has in his hands belonging to said D, and this attachment is continued to the next Court. 49a Injunction granted to Edward Booker to stay all further proceedings upon a judgment obtained against him by Richard Coleman at common law, until the matter can be heard in equity, and time is given the said Booker to give Bond with security, as the law directs, until the next Court. Court adjourned till tomorrow at 8 o'clock. Proceedings signed by Christopher Ford File at: http://files.usgwarchives.net/va/amelia/court/part1410gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 96.1 Kb